No Warranty or Liability. NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THIS AGREEMENT, THE CPA XXXX IS PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ENFORCEABILITY, VALIDITY AND NON- INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT SHALL CPA CANADA OR ANY PROVINCIAL CPA BODY BE LIABLE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH AND BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY AND AGGRAVATED DAMAGES AND DAMAGES FOR LOSS OF USE, PROFITS OR REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS) OR ANY OTHER REMEDY RELATING TO THIS AGREEMENT, INCLUDING THE TERMINATION OF THIS AGREEMENT BY CPA CANADA PURSUANT TO SECTION 5 ABOVE.
No Warranty or Liability. The information provided in the Transform Challenging Behavior Teachers’ Club Is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of the Transform Challenging Behavior Teachers’ Club or for any errors or omissions in its materials or contents. The use of or the downloading of any materials from the Transform Challenging Behavior Teachers’ Club is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. The Transform Challenging Behavior Teachers’ Club assumes no liability for any computer virus or other similar software code that is downloaded to your computer from our website or in connection with any materials offered through the website. THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL TRANSFORM CHALLENGING BEHAVIOR, INC. AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT, OR MEMBERSHIP(S) PURCHASED THEREFROM; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR WEBSITE; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND. We expressly exclude any liability to the fullest extent of the law. By purchasing the Transform Challenging Behavior Teachers’ Club, you agree to this limitation of liability and release Transform Challenging Behavior, Inc. from any and all claims.
No Warranty or Liability. THE SOFTWARE PROVIDED UNDER THE TRIAL LICENSE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. CAMERA BITS EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAMERA BITS SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH YOUR DOWNLOAD OR USE OF THE SOFTWARE UNDER THE TRIAL LICENSE, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR HARDWARE, DATA, INFORMATION, AND BUSINESS RESULTING FROM YOUR CHOICE TO EVALUATE THE SOFTWARE.
No Warranty or Liability. It is understood that Intensiva has or will endeavor to include in the Information materials which it believes to be reliable and relevant for the purpose of the Company's evaluation, but the Company acknowledges that Intensiva and Representatives of Intensiva have not and do not make any representation or warranty as to the accuracy or completeness of the information by reason of supplying it or by virtue of executing this Agreement. None of Intensiva or any of its Representatives shall have any liability to the Company or any of its Representatives resulting from the use of or reliance on the Information by the Company or its Representatives, except and only to the extent, if any, set forth in definitive agreements executed by the parties.
No Warranty or Liability. 4.1 Reference to liability in this clause includes every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
No Warranty or Liability. The Confidential Information is provided "as is" and without warranty of any kind. In no event will the Disclosing Participant be liable for the accuracy or completeness of the Confidential Information.
No Warranty or Liability. 7.1 The Licensor gives no warranty that the Premises is legally or physically fit for the Permitted Use.
No Warranty or Liability. All Confidential Information is provided "as is" and without any representation or warranty express or implied. Only those representations or warranties that are made to the other in a definitive agreement when, as, and if, executed, and subject to such limitations and restrictions as may be specified in such agreement, will have any legal effect.
No Warranty or Liability. To the extent permitted by law, the Parties make no representation, warranty or condition and accept no liability in respect of the accuracy or completeness of any or all of the Proprietary Data and shall have no liability for the receiving Party’s use of the Proprietary Data or for any claims of third parties howsoever arising from the receiving Party’s use or possession of any Proprietary Data or as a result of the receiving Party’s reliance on any Proprietary Data as disclosed or modified by the disclosing Party. THERE ARE NO OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE, WHICH ARE EXPRESSLY DISCLAIMED.
No Warranty or Liability. To the extent permitted by law, the Parties make no representation, warranty or condition and accept no liability in respect of the accuracy or completeness of any or all of the Proprietary Information and shall have no liability for the receiving Party’s use of the Proprietary Information or for any claims of third parties howsoever arising from the receiving Party’s use or possession of any Proprietary Information or as a result of the receiving Party’s reliance on any Proprietary Information as disclosed or modified by the disclosing Party. THERE ARE NO OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE, WHICH ARE EXPRESSLY DISCLAIMED, EVEN IF THE DISCLOSING PARTY HAS BEEN MADE AWARE OF THE PURPOSE, OR WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES EVEN IF THE DISCLOSING PARTY HAS BEEN ADVISED OF ANY SUCH INFRINGEMENT.
